KASIM ALI Vs. STATE BANK OF INDORE

JUDGEMENT

(1.) The State Bank of Indore filed an application for recovery of loan against the appellants herein under section 19 of the Recovery of Debts Due To Banks And Financial Institutions Act, 1993 (hereinafter called as "Act of 1993"). In that proceedings, the appellants herein filed two interlocutory applications. One application seeking examination of power of attorney by the State Examiner of the questioned documents or by any other independent agency and second application seeking cross-examination of Mr. M.D. Sharma, Manager, State Bank of Indore, Green Park Branch, New Delhi to prove that power of attorney is forged. The said applications were rejected by the Debts Recovery Tribunal (hereinafter called as "DRT"), Jabalpur by order dated 6.3.2013. In the appeals filed by the appellants herein under Section 20 of the Act of 1993 before the Debts Recovery Appellate Tribunal (hereinafter called as ("DRAT") the appeals were dismissed affirming the order of the Debts Recovery Tribunal.

(2.) Feeling aggrieved and dissatisfied with the order of the DRT duly affirmed by the DRAT, the appellants herein filed the writ petitions being Writ Petition (C) Nos. 1802 of 2013 and 902 of 2013 questioning the order of the DRAT dated 1.5.2013 before this Court.

(3.) The Writ Court by its impugned order dated 16.2.2016 dismissed the writ petitions finding that order of the DRT duly affirmed in appeal by the DRAT is an interim order and writ Court recorded its findings in Para 11 of the impugned order stating that the order of DRT and DRAT do not warrant interference.